Archive: December 2021

If you are in the process of writing your will or trying to determine how the property of a family member will be handled after their death, you may have encountered the term probate. Probate is the legal process by which a person’s estate, their property and possessions, are handled after they pass on.

In the probate process, a court officially recognizes a person’s death and determines how their assets are distributed among family members and other beneficiaries. If the deceased left a will to direct where their property should go, the procedure may be simpler. Some items do not have to go through probate, but others, especially those lacking titles or not named in the will, may have to go through this process.

How Does the Probate Process Work?

The probate process can be daunting to those without experience, but the good news is that compared to other states, probate in the State of Texas is relatively simple. The Texas probate process can be broken down into several steps:

1. Filing with the probate court – An application for probate is filed with the proper probate court for the county where the deceased was a resident.
2. Posting notice – Before a hearing is held regarding a probate application, there is a ten-day waiting period to allow for anyone to contest the will or the administration of the estate.
3. Hearing and validation – After the waiting period, there will be a hearing and the probate judge will ensure that the will is valid or verify that the deceased did not leave a will. The judge will then appoint an administrator for the estate or will verify that the executor is valid.
4. Inventory of assets – Within 90 days of the appointment of an administrator or executor, that person must compile a list of all the assets held by the estate and file it with the county clerk, in the form of a report known as an Inventory, Appraisement, and List of Claims. This report lists the estate’s assets as well as a reasonably accurate estimation of their value as of the deceased’s passing.
5. Notify beneficiaries – If the deceased left a will, the executor must notify the beneficiaries of the estate. If there was no will, the probate court must determine heirship. In the case of unknown potential heirs, it may be necessary to post notices in newspapers and at the courthouse.
6. Notice to creditors – The deceased may have unresolved debts, also known as liabilities—hospital bills, house or car payments, or other major expenses. The executor must notify creditors of the person’s death and allow them the opportunity to make a claim against the estate.
7. Dispute resolution – If family members or potential beneficiaries wish to contest the will, the probate court must hold a hearing before finalizing the estate.
8. Distribution of Assets – Once any disputes are resolved and the estate has been finalized, the assets are distributed to the beneficiaries.

Probate can be quite a lengthy process, and there are a lot of deadlines to stay on top of and paperwork to submit. An experienced probate attorney can help you through these steps and advise you on the best strategy along the way. If you are involved in an estate probate or dispute and are not sure whether you need the help of a probate lawyer, contact Staubus, Blankenship, Legere and Walker PLLC to set up a consultation about your case.

Common Terms Related to Probate

The probate process contains specialized legal vocabulary and concepts that you may find confusing if you’ve never experienced them. Here are a few commonly used terms.

• Administrator – When a person dies without a will and an executor hasn’t been named, Texas law requires that an administrator be appointed to manage the estate.
• Assets – Property with a monetary value held by an estate. Real estate, vehicles, clothing, jewelry, bank accounts, cash, and furnishings would all be considered assets.
• Beneficiaries – These are the recipients of the property distributed from an estate, whether family members, friends, or organizations.
• Decedent/Deceased – These terms refer to the person who has died.
• Estate – The assets that belonged to the deceased person are collectively known as the estate.
• Intestate – This term refers to an estate whose owner died without a will. A probate court must determine how to distribute the assets of such an estate.

An estate litigation lawyer from Staubus, Blankenship, Legere and Walker PLLC can explain any confusing terminology and answer any questions relating to your own probate case.

Speak with a Texas Probate Attorney Today

Managing your family’s affairs after the death of someone close is hard enough without all the extra strain of sorting out their estate. The probate process can be complicated, and mistakes could potentially be costly. You need a knowledgeable estate lawyer who can guide you through this process efficiently and with a minimum of stress.

The Dallas estate planning and litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have experience helping hundreds of clients with their estate, trust planning, trust litigation, and guardianship needs. We will be with you every step of the way to offer support and answer any questions you might have.

Call us today at (214) 833-0100 or fill out our contact form to set up a consultation.

Most people want to take care of their family even after they’re gone. Creating a last will and testament can make sure that your assets pass to your chosen beneficiaries upon your death. That way, there won’t be any confusion about what assets you intended to go to which person.

Drafting a last and will and testament isn’t as complicated as you might think. If you want peace of mind knowing there won’t be any confusion about what happens to your property after you pass away, you should hire an estate planning lawyer and begin the process of creating a will today.

Every part of an estate plan has its advantages and disadvantages. A will is no different. There are pros and cons you should consider if you’re thinking about setting up a will.

Pros of Having a Will

The advantages of creating a last will and testament include the ability to:

• Distribute assets how you want – Any property you leave behind will transfer to your named beneficiaries. If you don’t create a will or choose beneficiaries for your estate, the assets will likely be distributed by intestate succession. That means specific heirs will receive your assets according to state law. Creating a will allows you to control who gets what, so you can avoid family disputes.
• Choose a guardian – If you have minor children, you can choose a guardian to assume their care after you pass away. When you draft a will, you can name a guardian and set aside money for them to use to provide for your children. A guardian prevents the child from ending up in foster care or with a family member you don’t want to entrust your children to.
• Appoint an executor – You can choose an executor to manage your assets according to your will when you’re gone. The executor is an individual who handles all aspects of the will by paying debts, distributing assets according to the deceased’s wishes, and closing the estate properly. You don’t have to worry whether your surviving family will honor your wishes when you have a trusted executor to manage your estate on your behalf.
• Create a plan for your pets – Pets are like family to most people. Whether you have a dog, cat, hamster, or lizard, you probably want to know they’ll end up in a loving home when you die. You can use your will to indicate who you want to assume care of your pet upon your death. You can also set money aside so the guardian you choose can pay for food, toys, vet appointments, and other necessities.

Cons of Having a Will

Although a will is beneficial for most people during estate planning, it can also create some challenges. The most common disadvantages of having a last will and testament include:

• It’s public – Once a will enters probate, it becomes a public record. That means anyone can search online for the legal documents and find out the assets you owned when you died. If an estranged relative isn’t included in your will, they could pursue legal action, delaying the process of distributing your assets to your chosen beneficiaries.
• Time-consuming probate – Your estate will likely have to go through probate after you die. That means your loved ones can face a lengthy process to get the court to validate the will so they can receive the assets you left them.
• Incapacitation doesn’t apply – You can’t use a will to appoint someone to take care of your medical, legal, and financial matters if you become incapacitated and can’t make your own decisions. A will only becomes effective upon your death.
• Court procedures in multiple states – Unfortunately, your beneficiaries can’t go through the probate process just one time if you have property in other states. They must submit your will for probate in each state where you own assets.

Contact an Estate Planning Lawyer from Staubus, Blankenship, Legere and Walker PLLC

At Staubus, Blankenship, Legere and Walker PLLC, we have over 100 years of combined experience helping our clients with their estate planning. We will use our resources and personalize our services to meet your specific needs. When you hire us, we can review the circumstances of your estate and draft a will that can protect your assets and family.

You should not attempt to create an estate plan on your own. The option might seem appealing because it saves you money, but you could open yourself up to serious problems down the road. If you don’t draft the documents correctly, your will could be invalid, allowing relatives to sue your heirs for the assets you left behind. Additionally, a poorly drafted estate plan can cause confusion about your final wishes.

If you want to create a last will and testament, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 to schedule a consultation with one of our Texas estate planning lawyers.

You should consider all available options when creating an estate plan. A living trust can protect your assets while you’re alive and the trust can transfer automatically to named beneficiaries upon your death or incapacitation. It’s a valuable part of estate planning to ensure your loved ones receive the property you want them to have if something happens to you.

A living trust differs from a will because it doesn’t become effective when you die. It’s effective from the moment you create it while you’re still alive.

You can also appoint yourself as the trustee so you can continue to manage it throughout your lifetime. You can determine which assets you want to be held in trust and amend the legal document when necessary. For example, you might choose a beneficiary to receive a specific property but need to change the designation if they pass away before you.

There are multiple advantages and disadvantages to creating a living trust. You should consult an experienced estate planning lawyer to determine whether a living trust is right for you. Below are the pros and cons of establishing a trust for your estate plan so you can decide whether it will satisfy your wishes.

Pros of a Living Trust

You could benefit from a living trust in multiple ways. Some of the advantages of creating one include:

• Asset protection if you’re incapacitated – If you become incapacitated and can’t make decisions for yourself, a living trust can keep your assets safe. It also protects your beneficiaries. Appointing a successor trustee allows that person to control the trust and distribute your property according to the instructions you included in the legal document.
• Avoid probate – You could avoid probate by creating a revocable living trust. Probate can be a long process. When a loved one dies, you must go through probate court for a judge to validate the will and allow for the distribution of the assets. A living trust doesn’t have to go through probate, so your successor trustee can automatically transfer the assets to your intended beneficiaries upon your death.
• Maintain privacy – Any part of an estate plan that must go through probate becomes a matter of public record. That means anyone could search online for the documents and find out what assets your relative left behind. If there’s a living trust, which does not go through probate, your named beneficiaries can keep the matter private, so no one knows which property they’re receiving.
• Prevent irresponsible spending – If you’re a parent, you want to know you can take care of your child even after you’re gone. However, many people don’t know how to manage their money responsibly. You might worry your child won’t know how to manage the high-value asset or significant amount of money you left for them. Fortunately, a trust allows you to appoint a guardian to control your child’s spending.

Cons of a Living Trust

Although a trust offers various benefits, there are some drawbacks to creating one. The most common disadvantages of a living trust include:

• Time-consuming work – If you want your assets to be distributed to your beneficiaries without going through probate, you must transfer them to your trust. It can take some time to decide which property you want to hold in trust and go through the necessary measures to transfer those items.
• No protection from creditors – If you have a revocable living trust, creditors can go after the assets to satisfy your debts after you die. That means it could take some time for your family to receive the remaining property, if any, after the creditors take what they need.
• Confusing documents – Unfortunately, if you don’t create a clear and detailed trust, there might be some confusion about the distribution of assets upon your death. If it conflicts with your will or another document in your estate plan, your beneficiaries could face a contentious court battle.
• Money. The initial costs of creating and funding a trust are more than is required to create a will. Additionally, the assets you hold in trust could be subject to estate and income taxes.

Contact Staubus, Blankenship, Legere and Walker PLLC

If you’re considering setting up a trust as part of your estate plan, you should contact the Dallas estate planning lawyers of Staubus, Blankenship, Legere and Walker PLLC today. We can review your assets and other information to determine whether a trust is right for you. Our legal team understands the importance of protecting your property and heirs when you pass away or if you become incapacitated. You can depend on us to protect your interests and create an estate plan that meets your needs.

Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 to schedule a consultation with one of our Dallas estate planning attorneys or reach out to us online.

A power of attorney (POA) is a legal document giving your chosen attorney-in-fact or agent the authority to handle your affairs based on your best interests in specific situations. Terminal illness, cognitive decline, and traumatic accidents are a few of the common reasons creating a POA could be beneficial.

While drafting a POA, it’s crucial to outline what you want to happen in specific scenarios clearly. For example, if you’re in a car crash and end up in a coma, you should state how you want the situation to be handled. Depending on the type of power of attorney you create, your appointed agent can manage your business, financial, or medical affairs, or all three.

Abuse of a Power of Attorney

When you decide who you want to choose as your agent, it should be a person you trust completely. It should also be someone you know will carry out your wishes regardless of their feelings or opinions about them. Your designated agent could have access to your bank accounts and legally sign documents associated with your healthcare, financial affairs, and legal matters.

Although a power of attorney defines the agent’s role, their authority over someone else’s decisions can lead to abuse. If you become incapacitated, your agent could gift themselves with your assets. Or you might have to leave the country for a business trip, and your agent could decide to use your finances for personal gain in your absence.

Common Types of Power of Attorney Abuse

It’s an unpleasant and disturbing feeling when you realize the person you’ve entrusted with a significant responsibility has betrayed you. You thought they would always act in your best interests and protect you. However, you might have noticed signs that your chosen agent has violated your trust and abused their position in your life.

Power of attorney abuse can take many forms. The most common types you should watch for include:

• Identity theft – An agent can use the access they have to your personal information to open a new bank account, credit line, or investment account with your POA document.
• Breach of fiduciary duty – The agent or attorney-in-fact has a fiduciary duty to act in your best interest from the moment the POA becomes effective. If they breach their duty in any way, they could be liable for lost money or assets.
• Embezzlement – Under certain circumstances, a financial POA grants the agent authority over every financial aspect of a person’s life. With complete access, the agent can embezzle funds from your account into theirs or transfer property that is supposed to go to your named beneficiaries.
• Medical abuse – A medical power of attorney gives the chosen agent the responsibility of deciding your medical treatment when necessary. If you’re unconscious or incompetent, you can’t inform your doctors of the healthcare you want. Your agent might choose to move you into a nursing facility against your wishes or ask your doctors to use life-saving measures you don’t want.

Proving Power of Attorney Abuse Occurred

If you believe your appointed agent is abusing a power of attorney, you should take immediate legal action. You will need sufficient evidence to show the abuse occurred. With financial abuse, providing documentation showing the agent transferred money into their accounts without your approval or made unauthorized purchases with credit cards could be the proof you need.

It’s vital to hire an experienced power of attorney abuse lawyer to assist you with your lawsuit. If you want to recover the losses you suffered, you will need a knowledgeable legal team on your side to build a solid case against your agent. Your lawyer can also help you create a new power of attorney to protect you from abuse in the future.

Contact Staubus, Blankenship, Legere and Walker PLLC Today

Staubus, Blankenship, Legere and Walker PLLC has over 100 years of combined experience in estate planning and litigation. We can help you pursue legal action against the individual responsible for abusing their responsibilities as your POA agent. You should not suffer the consequences of their misconduct. We will provide the guidance and support you need to get through this devastating time in your life.

If you or your loved one was the victim of power of attorney abuse in Texas, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. We can review the circumstances to determine the available legal options and create a strategy to try to resolve the matter favorably. You can depend on our legal team to be your advocate and fight for the justice you deserve.

Call us at (214) 833-0100 or reach out to us online today for your confidential consultation.

A power of attorney (POA) is a legal document granting someone the authority to manage your affairs if you’re unable to yourself. A POA can become effective once you sign the document or if a specific event occurs, such as incapacitation.

When you create a power of attorney, you can appoint an attorney-in-fact, also called an agent, to make decisions on your behalf. There are multiple types of POAs you can draft depending on the kind of affairs you want your agent to manage.

The agent you choose does not have to have a legal background. However, they must be at least 18 years old and of sound mind. You should pick someone you trust to make the decisions you would make regarding your assets, finances, medical care, and any circumstances that arise. Your agent should be a person you know will act in your best interest and who will be willing to carry out the wishes you outlined in the POA.

Types of Power of Attorney

There are different types of POAs. Each one has a unique purpose and offers distinct benefits. You can designate a different agent for each or one person to handle all of your affairs. The different types of power of attorney include:

• Durable and non-durable POA
• Limited POA
• Springing POA
• Medical, financial, or military POA
• General POA

Durable and Non-Durable Power of Attorney

A durable POA goes into effect if you become incapacitated due to an accident or illness. The signed document allows the agent you choose to make specific decisions on your behalf.

You can decide whether you want your agent to have authority over your decisions upon signing the POA or when a medical provider deems you to be incompetent. You can also appoint a specific doctor you trust to determine whether you’re incompetent.

A non-durable POA is effective until you become incapacitated. If you don’t create another legal document to determine what should happen if you’re deemed incompetent, no one will have the authority to speak on your behalf if you can’t speak for yourself.

Limited Power of Attorney

A limited POA grants your designated agent authority over minimal matters. You can set the conditions for the affairs your agent can handle if a specific event occurs, such as when you experience a medical problem or take a business trip to another country. Instead of making all of your decisions, they can only make decisions based on predetermined circumstances.

The most common affairs listed in a limited POA include:

• Collecting debts
• Facilitating business transactions
• Selling real and personal property
• Managing real estate

Springing Power of Attorney

A springing POA becomes effective when a healthcare professional deems you to be physically incapacitated or mentally incompetent. A qualified doctor must declare you mentally incompetent or physically incapacitated before your attorney-in-fact can make decisions on your behalf.

Medical, Financial, or Military Power of Attorney

A medical POA grants your agent the responsibility and authority over medical decisions. If you’re incompetent, unconscious, or unable to speak for yourself for any other reason, your appointed agent can communicate your wishes regarding healthcare to your doctors.

For example, if you have a strong opinion about life support, you can include that in your medical power of attorney. You might not want doctors to use extraordinary measures to keep you alive.

A financial POA allows your agent to make financial decisions on your behalf when specific situations prevent you from being present. For example, if you’re traveling abroad for an extended period, you can give your agent the authority to make important decisions about your finances in your absence.

You can even create a financial POA to kick in if you’re mentally incompetent or incapacitated and unable to make sound financial decisions.

A military POA allows someone you choose to manage your finances while you’re performing your military duties. That person can access your accounts, file taxes, and complete additional financial tasks if you cannot do those things yourself.

General Power of Attorney

A general POA is a broad power of attorney granting your attorney-in-fact authority over a range of decisions, such as:

• Providing gift contributions
• Purchasing life insurance
• Managing business and financial transactions
• Operating a business
• Settling claims

Your designated agent can protect your interests and handle matters outlined in the document while you’re traveling, if you become incapacitated, and in various other situations.

Speak to an Experienced Estate Planning Lawyer Today

Contact an estate planning lawyer from Staubus, Blankenship, Legere and Walker PLLC immediately if you want to create a power of attorney and don’t know which one would be most beneficial for you. You need guidance to choose the right POA to cover your specific circumstances and to help you draft an enforceable legal document so no one can argue its validity. Call (214) 833-0100 now for an appointment.

A living trust can be a vital part of creating an estate plan. You could reap various benefits by setting up a valid and enforceable living trust. It can protect not only your assets but your family as well.

A living trust is a legal document you can establish to protect your assets during your lifetime. Your appointed trustee has the authority to manage any property and assets you move into the trust and eventually transfer them to your named beneficiaries as outlined in the document upon your death or incapacitation.

Everyone knows they should create a last will and testament. Unfortunately, many people don’t understand how beneficial a living trust can be.

If you’re considering your options during estate planning, you should review the main reasons below for why you should create a living trust.

You’re Unable to Make Decisions for Yourself

Creating a living trust protects any assets you transfer into the trust during your lifetime so your loved ones can have access to them if you become incapacitated. It’s a good idea to set up a living trust if you have a terminal illness, cognitive disease, or are older.

If something happens to you and you can’t speak for yourself, the trustee you choose can manage your trust on your behalf.

Even if you’re young and healthy, creating a living trust is an excellent idea in case you’re involved in a traumatic accident, such as a car crash, and end up in a coma. You won’t be able to inform your family of your wishes or how to pay for your medical bills and other expenses. However, granting your trustee access to the trust allows them to manage your funds without the need to go to court.

You’re Responsible for the Care of Minor Children

If you want to ensure your child’s future, you can hold specific property in your living trust to have transferred to them when they reach the age you designate.

Some people decide 18 years old is the right age to give their kids access to their assets. However, others might think that’s too young for someone to be responsible for managing their own finances and choose to transfer assets out of the living trust and to the children once they reach 25 or even 30 years old.

When you establish a living trust, you can be the trustee yourself and appoint a successor trustee in case something happens to you, or you can decide who you want to be the trustee. The trustee manages the assets held in trust until they can transfer them to your children based on the directions you left behind.

You can also include specific terms regarding which assets your children can access and at what ages. For example, you can create a payment plan for your kids to receive a predetermined amount of money every month starting at the age you decide. That way, they can’t spend the funds frivolously all at once.

Your Beneficiaries Won’t Have to Go Through Probate

Probate can be a complicated and time-consuming process. It involves a probate judge validating a deceased’s person’s estate and allowing the beneficiaries to receive the assets outlined in the legal document. Unfortunately, that means it could take weeks or even months before your heirs can use the funds and additional property left to them in your estate plan.

With a living trust, your beneficiaries can avoid probate and gain immediate access to your assets upon your death, incapacitation, or another specified event without going to court for authorization first.

Keep Your Private Matters Private

If your surviving relatives have to go through probate to receive your assets, your estate becomes a matter of public record. Anyone can look up the information online, preventing your estate from remaining private.

If you set up a living trust, your family avoids the probate process and can manage your assets privately. That means no one will have the ability to search for the assets you owned when you died and your named beneficiaries that took ownership of them after completing probate.

Contact an Experienced Estate Planning Attorney

You don’t want your loved ones to struggle if something happens to you. You want to ensure they’re taken care of if you’re no longer able to care for them whether you pass away or become incapacitated. Creating a solid estate plan can protect your property and family and give you peace of mind knowing your heirs will receive the assets you left for them without any obstacles getting in their way.

If you’re thinking about creating a living trust, you should speak with an experienced and knowledgeable estate planning attorney from Staubus, Blankenship, Legere and Walker PLLC. We can review your assets to determine whether a living trust could be beneficial for you. Call us today at (214) 833-0100.

You should create a living will if you want your family and medical providers to know how to handle your medical care if you can’t speak for yourself.

A living will is a legal document that outlines your preferences regarding the type of medical treatment you want if you can’t make your own decisions. The instructions you provide should direct your family members and doctors when specific circumstances arise, such as:

• Coma
• Terminal illness
• Traumatic injury
• Cognitive disease

With a living will, you can indicate your wishes for end-of-life care and whether you want your physicians to use extraordinary measures to keep you alive. You can also outline your decisions regarding medication, pain management, and additional medical preferences.

The Importance of a Living Will

A living will gives you peace of mind knowing you will receive the medical treatment you choose if something happens and you can’t inform anyone of your wishes. It can also relieve any burden your family would have had if they were forced to make challenging decisions on your behalf. If you clearly state what you want in your living will, it could prevent your family members from arguing over how to handle your medical care.

Who Can Create a Living Will?

Anyone at least 18 years old and of sound mind can set up a living will. Sound mind means you understand your decisions regarding the terms of the living will you’re creating.

Most people think older adults and individuals with a terminal illness are the only ones who can benefit from a living will. However, a valid living will can also help when unexpected scenarios arise, such as a fatal disease or car crash resulting in a coma.

When a Living Will Becomes Effective

A living will is only effective while you’re alive and unable to make sound decisions. Once a doctor deems you incompetent, incapacitated, or otherwise unable to communicate how you want your medical treatment to be handled, your living will can go into effect.

Typically, your medical provider will evaluate your condition to determine whether you no longer have the ability to understand your available treatment options and communicate your wishes.

If you pass away, your living will isn’t effective or enforceable anymore.

Difference Between a Living Will and Last Will and Testament

A last will and testament is much different than a living will. The main difference is that a last will and testament outlines how you want your estate handled when you die. A living will directs people to make health care decisions under specific circumstances when you can’t speak for yourself.

Decisions You Should Include in Your Living Will

If you decide you want to create a living will, you should hire an estate planning attorney and consider your options regarding end-of-life care. The most common scenarios people include in their living wills are:

Feeding Tube

If you’re no longer able to eat on your own, you could receive the fluids and nutrients you need intravenously or through a tube in your stomach. Specific points you should address include:

• Whether you want a feeding tube
• When you want to be connected to a feeding tube
• The length of time you should be fed through a feeding tube

Mechanical Ventilation

Mechanical ventilation occurs when a person can’t breathe on their own. If you want to include these instructions in your living will, you should specify certain information, such as:

• Whether you want mechanical ventilation
• The circumstances that should arise to be placed on a ventilator
• How long you want to be on a ventilator

Medications

You can choose whether you want your doctors to use specific medications in different situations. For example, if you develop a serious infection, you can decide whether you want antibiotics administered.

You might have a strong opinion regarding controlled substances and would rather avoid strong painkillers and similar drugs.

Organ Donation

A living will can include a section on donations. If you want to donate your organs to someone in need, you should specify that in the document. You could also donate your body to science.

Dialysis

If your kidneys don’t function properly anymore, you can indicate whether you want to go on dialysis in your living will. Dialysis performs multiple functions, such as:

• Assisting in controlling blood pressure
• Removing waste, extra water, and salt from the body to prevent them from building up
• Maintaining safe levels of certain chemicals in the blood, such as sodium and potassium

Contact an Estate Planning Attorney Today

If you want to create a living will, you should contact an estate planning attorney from Staubus, Blankenship, Legere and Walker PLLC today. We can advise you about the various elements of a living will to ensure you address all the necessary scenarios, so your family knows what to do if you can’t make your own decisions anymore. Don’t leave anything to chance. Call (214) 833-0100 today.